Bill Analysis
As the law currently stands either the probate court, or any interested person, may motion to have an independent executor removed if they fail to file the affidavit or certificates in a timely manner. SB 38 would amend the Estates Code by allowing only a probate court to remove an independent executor if they fail to timely file the affidavit or certificates required.
This bill would also allow a court in which guardianship is pending to transfer proceedings to another county if the ward resides in the county to which it will be transferred.
This bill would modify the portion of the code related to the removal or reinstatement of a personal representative. If a personal representative fails to timely file an affidavit or certificate the court may remove the personal representative after providing 30 days written notice to the representative to answer at a time and place set in the notice. This bill would also make similar changes to the portion of the code related to the removal of an independent executor with notice.
This bill would also modify the portion of the code related to the removal of a guardian. If passed, a court may remove a guardian for certain reasons on its own motion after the guardian has been notified to answer at a certain time and place contained the notice. In addition, if an interested person makes a complaint after the guardian has been cited by personal service to answer at a time and place set in the notice, the court would be authorized to remove the guardian.
